[Federal Register Volume 73, Number 201 (Thursday, October 16, 2008)]
[Rules and Regulations]
[Pages 61357-61358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24592]



[[Page 61357]]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2008-0420; FRL-8730-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Texas; Dallas/Fort Worth 1-Hour Ozone Nonattainment Area; Determination 
of Attainment of the 1-Hour Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The EPA has determined that the Dallas/Fort Worth (DFW) 1-hour 
ozone nonattainment area is currently attaining the 1-hour ozone 
National Ambient Air Quality Standard (NAAQS). This determination is 
based upon certified ambient air monitoring data that show the area has 
monitored attainment of the 1-hour ozone NAAQS for the 2004-2006 
monitoring period. In addition, quality controlled and quality assured 
ozone data for 2007 and 2008 that are available in the EPA Air Quality 
System database show this area continues to attain the 1-hour ozone 
NAAQS. The requirements for this area to submit an attainment 
demonstration or 5% Increment of Progress (IOP) plan, a reasonable 
further progress (RFP) plan, contingency measures, and other planning 
State Implementation Plans (SIPs) related to attainment of the 1-hour 
ozone NAAQS are suspended for so long as the area continues to attain 
the 1-hour ozone NAAQS.

DATES: This final rule is effective on November 17, 2008.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R06-OAR-2008-0420. All documents in the docket 
are listed at www.regulations.gov. Although listed in the index, some 
information is not publicly available, e.g., Confidential Business 
Information or other information whose disclosure is restricted by 
statute. Certain other material, such as copyrighted material, is not 
placed on the Internet and will be publicly available only in hard copy 
form. Publicly available docket materials are available either 
electronically through www.regulations.gov or in hard copy at the Air 
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross 
Avenue, Suite 700, Dallas, Texas 75202-2733. The file will be made 
available by appointment for public inspection in the Region 6 Freedom 
of Information Act (FOIA) Review Room between the hours of 8:30 a.m. 
and 4:30 p.m. weekdays except for legal holidays. Contact the person 
listed in the FOR FURTHER INFORMATION CONTACT paragraph below or Mr. 
Bill Deese at 214-665-7253 to make an appointment. If possible, please 
make the appointment at least two working days in advance of your 
visit. There will be a fee of 15 cents per page for making photocopies 
of documents. On the day of the visit, please check in at the EPA 
Region 6 reception area at 1445 Ross Avenue, Suite 700, Dallas, Texas.

FOR FURTHER INFORMATION CONTACT: Ms. Carrie Paige, Air Planning Section 
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, 
Suite 700, Dallas, Texas 75202-2733, telephone (214) 665-6521, fax 
(214) 665-7263, e-mail address [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' 
and ``our'' means EPA. This SUPPLEMENTARY INFORMATION section is 
arranged as follows:

I. What Action Is EPA Taking?
II. What Is the Effect of This Action?
III. Final Action
IV. Statutory and Executive Order Reviews

I. What Action Is EPA Taking?

    We are determining that the Dallas/Fort Worth (DFW) 1-hour ozone 
nonattainment area is currently attaining the 1-hour ozone National 
Ambient Air Quality Standard (NAAQS). This determination is based upon 
certified ambient air monitoring data that show the area has monitored 
attainment of the 1-hour ozone NAAQS for the 2004-2006 monitoring 
period. In addition, quality controlled and quality assured ozone data 
for 2007 and 2008 that are available in the EPA Air Quality System 
databases show this area continues to attain the 1-hour ozone NAAQS.
    The rationale for our action is explained in the Notice of Proposed 
Rulemaking (NPR) published on July 11, 2008 (73 FR 39897) and will not 
be restated here. No public comments were received on the NPR.

II. What Is the Effect of This Action?

    Pursuant to our determination of attainment and in accordance with 
our Clean Data Policy \1\, this determination suspends the requirements 
for the DFW area to submit an attainment demonstration, a RFP plan, or 
in this case a 5% IOP plan, (40 CFR 51.905(a)), section 172(c)(9) and 
section 182(c)(9) contingency measures, and other SIPs related to 
attainment of the 1-hour ozone NAAQS for so long as the area is 
attaining the standard.
---------------------------------------------------------------------------

    \1\ Our Clean Data Policy is set forth in a May 10, 1995 EPA 
memorandum from John S. Seitz, Director, Office of Air Quality 
Planning and Standards, entitled ``Reasonable Further Progress, 
Attainment Demonstration, and Related Requirements for Ozone 
Nonattainment Areas Meeting the Ozone Ambient Air Quality 
Standard''.
---------------------------------------------------------------------------

III. Final Action

    We find that the DFW 1-hour ozone nonattainment area has attained 
the 1-hour ozone standard. Thus the requirements for submitting the 
attainment demonstration or 5% IOP plan, RFP plan, section 172(c)(9) 
and section 182(c)(9) contingency measures, and other SIPs related to 
attainment of the 1-hour ozone NAAQS are suspended for so long as the 
area is attaining the standard.

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
makes a determination based on air quality data, and results in the 
suspension of certain Federal requirements. Accordingly, the 
Administrator certifies that this rule will not have a significant 
economic impact on a substantial number of small entities under the 
Regulatory Flexibility Act (5 U.S.C. 601, et seq.).
    Because this rule makes a determination based on air quality data, 
and results in the suspension of certain Federal requirements, it does 
not contain any unfunded mandate or significantly or uniquely affect 
small governments, as described in the Unfunded Mandates Reform Act of 
1995 (Pub. L. 104-4). This rule also does not have tribal implications 
because it will not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes, as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000). This action also 
does not have Federalism implications because it does not have 
substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in

[[Page 61358]]

Executive Order 13132 (64 FR 43255, August 10, 1999), because it merely 
makes a determination based on air quality data and results in the 
suspension of certain Federal requirements, and does not alter the 
relationship or the distribution of power and responsibilities 
established in the Clean Air Act. This rule also is not subject to 
Executive Order 13045, ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because 
it determines that air quality in the affected area is meeting Federal 
standards.
    The requirements of section 12(d) of the National Technology 
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply 
because it would be inconsistent with applicable law for EPA, when 
determining the attainment status of an area, to use voluntary 
consensus standards in place of promulgated air quality standards and 
monitoring procedures that otherwise satisfy the provisions of the 
Clean Air Act. This rule does not impose an information collection 
burden under the provisions of the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501, et seq.). Under Executive Order 12898, EPA finds that this 
rule involves a determination of attainment based on air quality data 
and will not have disproportionately high and adverse human health or 
environmental effects on any communities in the area, including 
minority and low-income communities.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by December 15, 2008. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action to reclassify the HGB area as a severe 
ozone nonattainment area and to adjust applicable deadlines may not be 
challenged later in proceedings to enforce its requirements. (See 
section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxides, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: October 8, 2008.
Richard E. Greene,
Regional Administrator, Region 6.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart SS--Texas

0
2. Section 52.2275 is amended by adding paragraph (f) to read as 
follows:


Sec.  52.2275  Control strategy and regulations: Ozone.

* * * * *
    (f) Determination of Attainment. Effective November 17, 2008 EPA 
has determined that the Dallas/Fort Worth (DFW) 1-hour ozone 
nonattainment area has attained the 1-hour ozone standard. Under the 
provisions of EPA's Clean Data Policy, this determination suspends the 
requirements for this area to submit an attainment demonstration or 5% 
increment of progress plan, a reasonable further progress plan, 
contingency measures, and other State Implementation Plans related to 
attainment of the 1-hour ozone NAAQS for so long as the area continues 
to attain the 1-hour ozone NAAQS.

 [FR Doc. E8-24592 Filed 10-15-08; 8:45 am]
BILLING CODE 6560-50-P